ACLU sues ICE over release of deportation program records

(CN) — The ACLU on Monday sued Immigration and Customs Enforcement over public records it says were requested months ago, citing the incoming Donald Trump administration as a reason to hasten their release.

The American Civil Liberties Union Foundation of Southern California seeks records about the agency’s ICE Air Operations. The program is comprised of what the ACLU called “a sprawling and opaque network” of privately owned planes chartered by the government to remove noncitizens from the United States.

“Despite the critical role these flights play in the removal system — in many instances, serving as the mechanism for deportation — ICE Air remains shrouded in secrecy,” the ACLU writes.

Trump’s statements about his plan to arrest noncitizens on a massive scale and deport them have put a spotlight on the ICE Air program, the ACLU says. The records it seeks will reveal any risks that could arise if the program’s capacity is increased.

Specifically, the ACLU wants records about ICE Air’s removal operations from Jan. 1, 2023, to the present. That includes contracts for flights, ground transport to those flights, airfields ICE uses or has access to for the flights, and policies and procedures about staffing and flights, including those with unaccompanied children.

The ACLU claims it made a Freedom of Information Act request on Aug. 15 for the records. However, it’s received no responsive documents, despite the requirement for a response within 30 business days.

“For months, the ACLU has been preparing for the possibility of a mass detention and deportation program, and FOIA litigation has been a central part of our roadmap,” said Kyle Virgien, senior staff attorney at the ACLU’s National Prison Project, in a statement. “A second Trump administration underscores the urgency of our litigation.”

The ACLU wants a judge to require ICE to properly search for all pertinent records and release them. It also wants the judge to block ICE from withholding any records, as well as make the agency quickly release them.

In its suit, the ACLU notes ICE responded to it on Aug. 23, a week after its initial records request. The agency triggered a 10-day extension, citing the large number of documents it would need to search.

With that 10-day extension, ICE had a Sept. 27 deadline to respond to the records request. The ACLU says the agency has failed to deliver any responsive documents.

That failure has significant implications, the ACLU says. Withholding the records deprives the public of information about how millions of dollars are spent on third parties that operate ICE Air. Additionally, a Trump administration deportation program will draw massive public interest.

“Little is known about how President-elect Trump would carry out its mass deportation agenda, but what we do know is that this proposal has already instilled fear among immigrant communities,” said Eva Bitran, director of immigrants’ rights at ACLU Southern California, in a statement. “The public has a right to know how its taxpayer dollars could be used to fund deportation flights that would tear apart not only families, but also our communities.”

Citing the 1978 case of National Labor Relations Board v. Robbins Tire & Rubber Co. , the ACLU states the Freedom of Information Act exists to ensure people are informed — an essential component of a democratic society — and a necessary check against corruption as well as to hold elected officials accountable.

“The concerns underlying this request are not speculative: President-elect Trump has repeatedly stated his plans to implement mass deportation nationwide,” the ACLU writes. “These plans raise serious concerns about operational feasibility, their impact, and the potential for continued — and increased — serious abuses and danger on ICE Air flights.”

An ICE representative couldn’t be reached for comment.